AKHIL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS '), for enlarging him on interim bail in case FIR No.239 of 2021, dtd. 26/8/2021, registered in Police Station Kullu, District Kullu, H.P., under Ss. 302, 307, 323, 326, 201, 147, 148, 149, 440, 354, 354- B and 109 read with Sec. 34 of the Indian Penal Code, Sec. 24 of Arms Act and Ss. 3(1)(r),(s),(w) & 3(2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC & ST Act ').

(2.) Status report stands filed, wherein facts and circumstances have been narrated, in detail, indicating the role and manner in which offence was committed.

(3.) It is submitted on behalf of the petitioner that he is 30 years old young boy, in custody since 6/9/2021, who has not been enlarged on bail or temporary bail at any earlier point of time in present case and there is no adverse report against him about his conduct and behaviour in the jail. Further that being an undertrial prisoner, petitioner is not entitled for any benefit like parole or furlough as available under the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 and, therefore, the petitioner has no other remedy except to file present petition for enlarging him on temporary release for the reasons enumerated in the application/petition.